The Municipal Council has a statutory obligation to act on decisions about appointments for contingent workers under the Kerala Municipality Act.

JUDGMENT

Dated this the 30^th day of October, 2025 The petitioners state that they have been working as sanitation workers on daily wage basis in various categories under the 4^th respondent- Municipality since 2006.

2. The petitioners in W.P.(C) No. 25509 of 2020 and one Sarasamma were already appointed as substitute workers pursuant to the same judgment referred to in Ext.P1 Government Order. The petitioners herein, being identically situated and ranked in the same sanctioned list, are entitled to equal treatment.

3. Pursuant to the disposal of W.P.(C)

No.25509 of 2020 and in the light of Ext.P1, the petitioners had submitted a representation on 18.06.2024 before the 5^th respondent to appoint them as substitute contingent workers as they are similarly placed.

4. As per Section 224 (1) of the Kerala Municipality Act , the Municipal Council is the competent appointing authority for contingent posts and the Secretary is duty bound to issue appointment orders with the approval of the Council. Once the 3^rd respondent-Municipal Council took a conscious decision as per Exts.P2 and P3 to appoint the petitioners as substitute contingent workers, it became a statutory obligation for the higher authorities to act upon the said decision. Pursuant to Exts.P2 and P3, the 5^th respondent submitted Ext.P4 communication to the 2^nd respondent seeking approval. No action is taken by the 2^nd respondent on Ext.P4, contends the petitioner.

5. Standing Counsel entered appearance on behalf of the Municipality and submitted that the Municipality has already taken Ext.P4 decision in this regard which has been forwarded to the 2^nd respondent-Principal Director, Government of Kerala. It is for the Government to take a decision in the matter.

6. The Government Pleader submitted that if Ext.P4 is received and pending, the same can be considered by the 2^nd respondent and a decision can be taken in the matter.

7. Considering the facts of the case, I am of the view that if Ext.P4 is received and pending, then the 2^nd respondent can take a decision thereon in accordance with law expeditiously.

The writ petition is therefore disposed of directing the petitioners to submit a copy of Ext.P4 resolution along with forwarding letter of the Secretary to the Municipality before the 2^nd respondent within a period of two weeks from today. On receipt of the same, the 2^nd respondent shall take a decision thereon within a period of three months. It is made clear that I have not pronounced anything on merits, on the claims made by the petitioners.

Sd/-